CREDIT AND PAYMENT TERMS. Purchaser shall furnish to Seller all financial information reasonably requested by Seller from time to time for the purpose of establishing or continuing Purchaser's credit limit, it being understood that Seller shall have the right to decline to extend credit to Purchaser and to require that the applicable purchase price be paid prior to shipment. Seller shall have the right from time to time, without notice, to change or revoke Purchaser's credit limit on the basis of changes in Seller's credit policies or Purchaser's financial condition and/or payment record. Payment terms for each shipment of Products shall be as stated on Seller's invoice. A service charge of the lesser of one and one-half percent (1 1/2%) per month or the maximum amount allowed by law will be charged on all past due balances to defray Seller's costs of carrying such balance. Credit cards (MasterCard, VISA and Discover Card) will only be accepted at the time of order or purchase. Payment for all other orders must be made in accordance with the terms in effect at the time the order was placed. Seller will not accept money orders or travelers checks as payment unless they are made out in the exact amount of an outstanding invoice. Payment of an invoice through multiple money orders or travelers checks will not be accepted. In the event Purchaser fails to make timely payment of any amount invoiced hereunder, Seller shall have the right, in addition to any and all other rights and remedies available to Seller, at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Purchaser. Purchaser shall pay all costs of collection, including reasonable attorneys' fees. Xxxxxx Micro Inc. Resale Agreement -------------------------------------------------------------------------------- EXHIBIT F (continued) Any obligation of Seller under these terms and conditions to deliver Products on credit terms shall terminate without notice if Purchaser files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Purchaser, or if a receiver or trustee is appointed to take possession of the assets of Purchaser.
Appears in 2 contracts
Samples: Internet Resale Agreement (Peoplepc Inc), Internet Resale Agreement (Peoplepc Inc)
CREDIT AND PAYMENT TERMS. Purchaser shall furnish to Seller all financial information reasonably requested Payment by Seller from time to time for the purpose of establishing or continuing Purchaser's credit limit, it being understood that Seller shall have the right to decline to extend credit to Purchaser and to require that the applicable purchase price be paid prior to shipment. Seller shall have the right from time to time, without notice, to change or revoke Purchaser's credit limit on the basis of changes in Seller's credit policies or Purchaser's financial condition and/or payment record. Payment terms for each shipment of Products Customer shall be as stated on made by means of electronic funds transfer, and the terms shall be net thirty (30) days subject to credit approval by Seller's invoice. A service charge of the lesser Past due amounts shall accrue interest at a rate of one and one-half percent (1 1/21.5%) per month month, or the maximum amount allowed rate permitted by law will be charged on all applicable law, whichever is less. All amounts more than fifteen (15) days past due balances shall incur an additional five percent (5%) administrative fee. Any waiver by Seller of interest charges or administrative fees on a particular invoice shall not be construed as a waiver by Seller of its right to defray Seller's costs impose such charges on other or subsequent deliveries. Seller reserves the right to apply Customer’s payments to any outstanding invoices or obligations of carrying such balanceCustomer, as determined by Seller in its sole discretion, without regard to the aging of any account. Credit cards (MasterCard, VISA and Discover Card) will only Customer shall be accepted at the time of order or purchase. Payment liable for all other orders must be made fees and costs, including without limitation attorney’s fees, incurred by Seller in accordance connection with any collection activities undertaken by Seller for the terms in effect at the time the order was placed. Seller will not accept money orders or travelers checks as payment unless they are made out in the exact amount of an outstanding invoice. Payment of an invoice through multiple money orders or travelers checks will not be accepted. In the event Purchaser fails to make timely non-payment of any amounts due hereunder by Xxxxxxxx. Seller reserves the right to modify or cancel the credit terms provided to Customer at any time, in its sole discretion upon notice to Customer. If Seller selects not to extend or cancels any credit terms provided to Customer, prior to each delivery of aviation fuel, Customer shall: (a) make a prepayment to Seller; (b) cause to be issued a letter of credit in favor of Seller in a form, in an amount invoiced hereunderand from a bank that is acceptable to Seller from time to time in its sole discretion, or (c) give other security to Seller shall have in a manner, of a type, in a form and in an amount that is acceptable to Seller. Seller reserves the right, in addition to any and all other rights and remedies available to Sellerit under the law, at law in equity or in equityotherwise, to immediately revoke suspend further performance of Services, and demand payment of all outstanding balances, if Customer fails to make any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Purchaser. Purchaser shall pay all costs of collection, including reasonable attorneys' fees. Xxxxxx Micro Inc. Resale Agreement -------------------------------------------------------------------------------- EXHIBIT F (continued) Any obligation of Seller under these terms and conditions to deliver Products on credit terms shall terminate without notice if Purchaser files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditorspayment as herein provided, or if an involuntary petition under a bankruptcy statute is filed against Purchaser, Seller at any time deems itself insecure with regard to the creditworthiness or if a receiver or trustee is appointed to take possession financial condition of the assets of PurchaserCustomer.
Appears in 1 contract
Samples: Fuel Supply Agreement
CREDIT AND PAYMENT TERMS. Purchaser shall furnish to Seller all financial information reasonably requested Payment by Seller from time to time for the purpose of establishing or continuing Purchaser's credit limit, it being understood that Seller shall have the right to decline to extend credit to Purchaser and to require that the applicable purchase price be paid prior to shipment. Seller shall have the right from time to time, without notice, to change or revoke Purchaser's credit limit on the basis of changes in Seller's credit policies or Purchaser's financial condition and/or payment record. Payment terms for each shipment of Products Customer shall be as stated on made by means of electronic funds transfer, and the terms shall be net fifteen (15) days subject to credit approval by Seller's invoice. A service charge of the lesser Past due amounts shall accrue interest at a rate of one and one-half percent (1 1/21.5%) per month month, or the maximum amount allowed rate permitted by law will be charged on all applicable law, whichever is less. All amounts more than fifteen (15) days past due balances shall incur an additional five percent (5%) administrative fee. Any waiver by Seller of interest charges or administrative fees on a particular invoice shall not be construed as a waiver by Seller of its right to defray Seller's costs impose such charges on other or subsequent deliveries. Seller reserves the right to apply Customer’s payments to any outstanding invoices or obligations of carrying such balanceCustomer, as determined by Seller in its sole discretion, without regard to the aging of any account. Credit cards (MasterCard, VISA and Discover Card) will only Customer shall be accepted at the time of order or purchase. Payment liable for all other orders must be made fees and costs, including without limitation attorney’s fees, incurred by Seller in accordance connection with any collection activities undertaken by Seller for the terms in effect at the time the order was placed. Seller will not accept money orders or travelers checks as payment unless they are made out in the exact amount of an outstanding invoice. Payment of an invoice through multiple money orders or travelers checks will not be accepted. In the event Purchaser fails to make timely non-payment of any amounts due hereunder by Customer. Seller reserves the right to modify or cancel the credit terms provided to Customer at any time, in its sole discretion upon notice to Customer. If Seller selects not to extend or cancels any credit terms provided to Customer, prior to each delivery of aviation fuel, Customer shall: (a) make a prepayment to Seller; (b) cause to be issued a letter of credit in favor of Seller in a form, in an amount invoiced hereunderand from a bank that is acceptable to Seller from time to time in its sole discretion, or (c) give other security to Seller shall have in a manner, of a type, in a form and in an amount that is acceptable to Seller. Seller reserves the right, in addition to any and all other rights and remedies available to Sellerit under the law, at law in equity or in equityotherwise, to immediately revoke suspend further performance of Services, and demand payment of all outstanding balances, if Customer fails to make any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Purchaser. Purchaser shall pay all costs of collection, including reasonable attorneys' fees. Xxxxxx Micro Inc. Resale Agreement -------------------------------------------------------------------------------- EXHIBIT F (continued) Any obligation of Seller under these terms and conditions to deliver Products on credit terms shall terminate without notice if Purchaser files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditorspayment as herein provided, or if an involuntary petition under a bankruptcy statute is filed against Purchaser, Seller at any time deems itself insecure with regard to the creditworthiness or if a receiver or trustee is appointed to take possession financial condition of the assets of PurchaserCustomer.
Appears in 1 contract
Samples: Fuel Supply Agreement